Policy Briefing — DOJ and FTC release 2023 Draft Merger Guidelines
On 19 July 2023 the U.S. Department of Justice and Federal Trade Commission released draft Merger Guidelines signaling stricter scrutiny of platform, data, and vertical deals and inviting public comment.
The DOJ and FTC published the 2023 Draft Merger Guidelines on 19 July 2023, outlining how the agencies assess competitive harm across horizontal, vertical, and platform acquisitions. The draft raises concerns about consolidation in digital markets, data advantages, labor market impacts, and serial acquisitions, and invites public comment before finalization.
Corporate development and legal teams should expect closer scrutiny of deals involving data aggregation, dominant platforms, or vertical integration that could foreclose rivals, and should incorporate the draft thresholds and presumptions into antitrust risk assessments and integration planning.
- DOJ/FTC announcement describes the competition concerns, analytical frameworks, and comment process.
- Draft Merger Guidelines provide the detailed thresholds, presumptions, and examples the agencies propose to apply.
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